SAMPLEX Criminal Law 1

LIWANAG

Judge

Answer TRUE (T) or FALSE (F). NO ERASURES OR ALTERATIONS.

1. ___F___
An aggravating circumstance automatically increases the
penalty.
2. ___F___
A person who provided no help, when he can, to save the victim
from dying, is an accomplice.
3. ___F___
A qualifying aggravating circumstances raises the penalty by
two degrees.
4. ___F___
The ISL does NOT apply to recidivists.
5. ___F___
The penalty next lower in degree to arresto mayor is arresto
menor.
6. ___F___
A person sentenced to pay a fine only may apply for probation.
7. ___F___
Subsidiary imprisonment is an accessory penalty.
8. ___F___
The probation officer must submit the post-sentence
investigation report within 90 days.
9. ___F___
Destierro is indivisible.
10.___F___
Evident premeditation is inherent in murder.
11.___F___
A convict sentenced to reclusion perpetua is entitled to an
indeterminate penalty.
12.___F___
A minor is always entitled to an indeterminate sentence.
13.___F___
There is no need for the convict to accept a conditional pardon.
14.___F___
Relationship is always aggravating.
15.___F___
Evident premeditation can be appreciated in error in personae.
16.___F___
Treachery is a generic aggravating circumstance.
17.___F___
A wife convicted of killing her husband (parricide) is entitled to
an indeterminate sentence.
18.___F___
the three-fold rule is a feature of the material accumulation
system.
19.___F___
A person who signs a corporate check that was dishonored is
criminally liable, but NOT civilly liable.
20.___F___
A principal must be present at the scene of the crime.
21.___F___
Violation of the Anti-Fencing Law is malum in se.
22.___F___
Treachery can be appreciated in Kidnapping with Homicide.
23.___F___
A privileged mitigating circumstance can be offset by a special
aggravating circumstance.
24.___F___
Reiteracion should always be appreciated as an aggravating
circumstance.
25.___F___
Thirty days imprisonment falls within arresto mayor.
26.___F___
The computation of the penalty in People v. Genosa is correct.
27.___F___
Article 64 (5) applies also to indivisible penalties.
28.___F___
A person punished with destierro is entitled to an indeterminate
sentence.
29.___F___
The prescribed penalty is the same as the imposable penalty.
30.___F___
Reiteracion and quasi-recidivism can co-exist.
31.___F___
Reiteracion and recidivism cannot co-exist.

32.___F___
Conspiracy can only be express, never implied.
33.___F___
A brother who aids his sister in evading a warrant of arrest is
liable as an accessory.
34.___F___
An adopted brother who aids his sister in evading a warrant of
arrest is liable as an accessory.
35.___F___
An accessory can commit a light felony.
36.___F___
Corpus delicti means the body of the victim.
37.___F___
A presidential pardon ipso facto extinguishes the civil liability of
the accused.
38.___F___
A presidential pardon ipso facto extinguishes the accessory
penalties.
39.___F___
A convict can be sentenced to suffer forty (40) years of
reclusion perpetua.
40.___F___
Reclusion perpetua carries no accessory penalties.
41.___F___
Service of the preventive suspension can be credited as service
of penalty.
42.___F___
A transitory crime excludes a continuing crime.
43.___F___
An absolute presidential pardon is contract between the
President and the convict.
44.___F___
Delito continuado involves only one actus reus.
45.___F___
Commutation of sentence totally extinguishes criminal liability.
46.___F___
Intoxication is always aggravating.
47.___F___
Reclusion temporal is an indivisible penalty.
48.___F___
Arresto mayor is an indivisible penalty.
49.___F___
Mitigating circumstances must be alleged in the Information.
50.___F___
Habitual delinquency is a crime.
51.___F___
The application of the ISL is discretionary on the judge.
52.___F___
A person punished with reclusion temporal maximum to
reclusion perpetua is disqualified from availing of the benefits of the ISL.
53.___F___
A degree is the same as a period.
54.___F___
Evident premeditation is aggravating in robbery.
55.___F___
A quasi-recidivist is always a recidivist.
56.___F___
Recidivism is a special aggravating circumstance.
57.___F___
Prescription of the offense begins from the commission of the
crime.
58.___F___
In exceptional cases, in case of felonies, the minimum of the
indeterminate sentence can be two degrees lower than the prescribed
penalty.
59.___F___
Certain election offenses are probationable.
60.___F___
Death of the accused always extinguishes his or her criminal
liability.
61.___F___
Civil liability for a check that bounced is part of the civil
liability ex delito.
62.___F___
Attending circumstances do NOT include mitigating
circumstances.
63.___F___
Article 64 (5) applies when there is one aggravating
circumstance.

64.___F___
A complex crime proper is committed when a single act
constitute two or more grave or less grave felonies.
65.___F___
The application of delito continuado is limited to the RPC.
66.___F___
Public censure is a divisible penalty.
67.___F___
Generic aggravating: raping a woman in front of her husband.
68.___F___
The kabayo is the convict.
69.___F___
Subsidiary imprisonment is proper when the convict fails to pay
the actual damages due the offended party.
70.___F___
Pardon obliterates the fact that the accused was a recidivist.
71.___F___
A convict whose application for probation was denied can still
appeal his or her conviction.
72.___F___
Prescription of penalties applies also to convictions under special
laws.
73.___F___
Marlene Aguilar can be convicted as an accessory.
74.___F___
Forcible abduction cannot be complexed with rape.
75.___F___
Rape can be complexed with violation of RA 7610 (Child Abuse
Law).
76.___F___
Delito continuado applies only to felonies.
77.___F___
Accessory penalties must be expressly imposed by the court.
78.___F___
A private person who helps a suspected robber evade a warrant
of arrest is guilty as an accessory.
79.___F___
Dwelling is a special aggravating circumstance.
80.___F___
Treachery is a generic aggravating circumstance.
81.___F___
Evident premeditation is a special aggravating circumstance.
82.___F___
Recidivism is a qualifying aggravating circumstance.
83.___F___
Reiteracion is a qualifying aggravating circumstance.
84.___F___
Cruelty is a generic aggravating circumstance.
85.___F___
Ignominy is a generic aggravating circumstance.
86.___F___
Prescription of penalties is an example of acquisitive
prescription.
87.___F___
Ordinary mitigating circumstances are taken into account in
fixing the prescribed penalty.
88.___F___
An accomplice is being punished for his thoughts, NOT for his
actions.
89.___F___
Preventive suspension is a penalty.
90.___F___
There can be an accessory before the fact.
91.___F___
The ISL does NOT apply to crimes punishable by special laws.
92.___F___
Amnesty does NOT extinguish criminal liability.
93.___F___
Restitution is a pecuniary liability.
94.___F___
Restitution is a pecuniary penalty.
95.___F___
Insolvency leading to non-payment of costs can lead to
subsidiary imprisonment.
96.___F___
Commutation totally extinguishes criminal liability.
97.___F___
Commutation totally extinguishes civil liability.
98.___F___
The probation officers recommendation is binding on the court.
99.___F___
Accessory penalties must be expressly imposed by the court.
100.
___F___
Subsidiary imprisonment dispenses with the payment of
the penalty of fine.